Michael v. Commonwealth

Facts:

Appeal from an order of the Circuit Court of Prince George (Virginia) that entered judgment in favor of appellee in an action alleging that after appellant had been judged a habitual offender, he drove in such a manner as to endanger the life, limb, or property of another, a violation of Va. Code Ann. § 46.2-357(B)(2). With no proof as to whether the officer has caught the Appellant, using radar (Lidar), the Appellant took the defense that there was no evidence in the record as to appellant’s actually driving.

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Holdings:

The Virginia Court made the following holding:

The reviewing court views the evidence in the light most favorable to the party prevailing below, granting to it all reasonable inferences fairly deducible therefrom

Under Va. Code Ann. § 46.2-357(B)(2) any person found to be an habitual offender under this article, who is thereafter convicted of driving a motor vehicle while the revocation determination is in effect shall be guilty of a felony if such driving of itself endangers the life, limb, or property of another or takes place while such person is in violation of Va. Code Ann. § 18.2-266, irrespective of whether the driving of itself endangers the life, limb or property of another and one of the offender’s underlying convictions is for Va. Code Ann. §§ 18.2-36.1, 18.2-266 or a parallel local ordinance

The reviewing court will not reverse the judgment of the trial court unless it is plainly wrong or without evidence to support it.

Using Radar Calibration Defense With Lidar In Virginia.

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White v. Commonwealth

Facts:

Appellant drivers challenged orders of the Circuit Court of Prince George County (Virginia), which held that it did not have jurisdiction to review the suspension of their driver’s licenses for seven days, pursuant to Va. Code Ann. § 46.2-391.2, after the drivers were arrested for driving while intoxicated..

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Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 46.2-391.2(A) requires the automatic seven-day suspension of the driver’s license of any person arrested for driving while intoxicated if the driver fails a breath test administered pursuant to Va. Code Ann. § 18.2-268.2, or any person who refuses to take a breath test as required by Va. Code Ann. § 18.2-268.3. When the driver either fails the breath test or refuses to take it, he or she is taken before a magistrate and a warrant is issued for the driver’s arrest. Upon issuance of the warrant, the magistrate automatically suspends the accused’s driving privilege for seven days pursuant to Va. Code Ann. § 46.2-391.2. Any person whose license or privilege to operate a motor vehicle has been suspended may, during the period of the suspension, request the general district court of the jurisdiction in which the arrest was made to review that suspension. Va. Code Ann. § 46.2-391.2(C).

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